REAFFIRMING the principles and provisions contained in the
Charter of the Organization of American States and the Charter of the
United Nations;

RECOGNIZING
the threat that terrorism poses to democratic values and international
peace and security, and that it is a source of profound concern to all
member states;

CONVINCED that the Charter of the Organization of American
States and international law constitute the appropriate framework for
strengthening hemispheric cooperation for the prevention, combating,
and elimination of terrorism in all its forms and manifestations;

BEARING IN MIND resolution RC.23/RES. 1/01 rev. 1 corr. 1,
“Strengthening Hemispheric Cooperation to Prevent, Combat, and
Eliminate Terrorism,” of the Twenty-third Meeting of Consultation of
Ministers of Foreign Affairs, held on September 21, 2001, which
entrusted the Permanent Council with preparing a Draft Inter-American
Convention against Terrorism;

RECALLING the Declaration of Lima to Prevent, Combat, and
Eliminate Terrorism and the Plan of Action on Hemispheric Cooperation
to Prevent, Combat, and Eliminate Terrorism, adopted within the
framework of the First Inter-American Specialized Conference on
Terrorism, in Lima, Peru, in April 1996, as well as the Commitment of
Mar del Plata, adopted at the Second Inter-American Specialized
Conference on Terrorism, and the work of the Inter-American Committee
against Terrorism (CICTE);

CONSIDERING that terrorism is a serious criminal phenomenon,
that is of deep concern to all member states; attacks democracy;
impedes the enjoyment of human rights and fundamental freedoms;
threatens the security of states, destabilizing and undermining the
foundations of all society; and seriously impacts the economic and
social development of the states in the region;

BEARING IN MIND that the Inter-American Democratic Charter
recognizes the commitment by member states to promote and defend
representative democracy and that no democratic state can be
indifferent to the clear threat that terrorism poses to democratic
institutions and freedoms;

REAFFIRMING that the fight against terrorism must be undertaken
with full respect for national and international law, human rights,
and democratic institutions, in order to preserve the rule of law,
liberties, and democratic values in the Hemisphere, which are
essential components of a successful fight against terrorism;

CONVINCED that the adoption, ratification, and effective
implementation of the Inter-American Convention against Terrorism
contribute to the progressive development and the codification of
international law;

UNDERSCORING the importance of effective action in cutting off
the supply of funds for terrorism, and of coordinated action with
international entities competent in the area of money laundering,
especially the Inter-American Drug Abuse Control Commission (CICAD);

RECOGNIZING the
urgency of strengthening and establishing new forms of regional
cooperation against terrorism with a view to its eradication; and

RECOGNIZING ALSO the importance and timeliness of the existing
international legal instruments on combating terrorism, including the
10 international instruments considered in the text of the
Inter-American Convention against Terrorism itself, as well as the
Convention to Prevent and Punish the Acts of Terrorism Taking the Form
of Crimes against Persons and Related Extortion That Are of
International Significance, adopted by this General Assembly on
February 2, 1971; the Convention on Offences and Certain Other Acts
Committed on Board Aircraft, adopted in Tokyo on September 14, 1963;
and the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, adopted in Montreal on March 1, 1991,

RESOLVES:

1.To adopt the Inter-American Convention against Terrorism,
attached to this resolution, and to open it for signature by the
member states on this date.

2.To urge member states to ratify the Convention as soon as
possible, in accordance with their constitutional procedures.

3.To request the Secretary General to present a report to the
General Assembly at its thirty-third regular session on progress made
toward the Convention’s entry into force.

INTER-AMERICAN
CONVENTION AGAINST TERRORISM

The States Parties to this Convention,

BEARING IN MIND the purposes and principles of the Charter of
the Organization of American States and the Charter of the United
Nations;

CONSIDERING that terrorism represents a serious threat to
democratic values and to international peace and security and is a
cause of profound concern to all member states;

REAFFIRMING
the need to adopt effective steps in the inter-American system to
prevent, punish, and eliminate terrorism through the broadest
cooperation;

RECOGNIZING that the serious economic harm to states which may
result from terrorist acts is one of the factors that underscore the
need for cooperation and the urgency of efforts to eradicate
terrorism;

REAFFIRMING
the commitment of the states to prevent, combat, punish, and eliminate
terrorism; and

Article
1

Object
and purposes

The purposes of this Convention are to prevent, punish, and
eliminate terrorism.To
that end, the states parties agree to adopt the necessary measures and
to strengthen cooperation among them, in accordance with the terms of
this Convention.

Article
2

Applicable
international instruments

1.For the purposes of this Convention, “offenses” means the
offenses established in the international instruments listed below:

a.Convention for the Suppression of Unlawful Seizure of Aircraft,
signed at The Hague on December 16, 1970.

b.Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on September 23, 1971.

c.Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents,
adopted by the General Assembly of the United Nations on December 14,
1973.

d.International Convention against the Taking of Hostages,
adopted by the General Assembly of the United Nations on December 17,
1979.

e.Convention on the Physical Protection of Nuclear Material,
signed at Vienna on March 3, 1980.

f.Protocol on the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, supplementary to the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, signed at Montreal on February 24, 1988.

g.Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation, done at Rome on March 10, 1988.

h.Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf, done at
Rome on March 10, 1988.

i.International Convention for the Suppression of Terrorist
Bombings, adopted by the General Assembly of the United Nations on
December 15, 1997.

j.International Convention for the Suppression of the Financing
of Terrorism, adopted by the General Assembly of the United Nations on
December 9, 1999.

2.Upon depositing its instrument of ratification to this
Convention, a state party that is not a party to one or more of the
international instruments listed in paragraph 1 of this article may
declare that, in application of this Convention to such state party,
that particular instrument shall be deemed not to be included in that
paragraph.The
declaration shall cease to have effect as soon as that instrument
enters into force for that state party, which shall notify the
depositary of this fact.

3.When a state party ceases to be a party to one of the
international instruments listed in paragraph 1 of this article, it
may make a declaration, as provided in paragraph 2 of this article,
with respect to that instrument.

Article
3

Domestic
measures

Each
state party, in accordance with the provisions of its constitution,
shall endeavor to become a party to the international instruments
listed in Article 2 to which it is not yet a party and to adopt the
necessary measures to effectively implement such instruments,
including establishing, in its domestic legislation, penalties for the
offenses described therein.

Article
4

Measures
to prevent, combat, and eradicate the financing of terrorism

1.Each state party, to the extent it has not already done so,
shall institute a legal and regulatory regime to prevent, combat, and
eradicate the financing of terrorism and for effective international
cooperation with respect thereto, which shall include:

a.A comprehensive domestic regulatory and supervisory regime for
banks, other financial institutions, and other entities deemed
particularly susceptible to being used for the financing of terrorist
activities.This regime
shall emphasize requirements for customer identification,
record-keeping, and the reporting of suspicious or unusual
transactions.

b.Measures to detect and monitor movements across borders of
cash, bearer negotiable instruments, and other appropriate movements
of value.These measures
shall be subject to safeguards to ensure proper use of information and
should not impede legitimate capital movements.

c.Measures to ensure that the competent authorities dedicated to
combating the offenses established in the international instruments
listed in Article 2 have the ability to cooperate and exchange
information at the national and international levels within the
conditions prescribed under its domestic law.To that end, each state party shall establish and maintain a
financial intelligence unit to serve as a national center for the
collection, analysis, and dissemination of pertinent money laundering
and terrorist financing information.Each state party shall inform the Secretary General of the
Organization of American States of the authority designated to be its
financial intelligence unit.

2.When implementing paragraph 1 of this article, states parties
shall use as guidelines the recommendations developed by specialized
international and regional entities, in particular the Financial
Action Task Force and, as appropriate, the Inter-American Drug Abuse
Control Commission, the Caribbean Financial Action Task Force, and the
South American Financial Action Task Force.

Article
5

Seizure
and confiscation of funds or other assets

1.Each state party shall, in accordance with the procedures
established in its domestic law, take such measures as may be
necessary to provide for the identification, freezing or seizure for
the purposes of possible forfeiture, and confiscation or forfeiture,
of any funds or other assets constituting the proceeds of, used to
facilitate, or used or intended to finance, the commission of any of
the offenses established in the international instruments listed in
Article 2 of this Convention.

2.The measures referred to in paragraph 1 shall apply to offenses
committed both within and outside the jurisdiction of the state party.

Article
6

Predicate
offenses to money laundering

1.Each state party shall take the necessary measures to ensure
that its domestic penal money laundering legislation also includes as
predicate offenses those offenses established in the international
instruments listed in Article 2 of this Convention.

2.The money laundering predicate offenses referred to in
paragraph 1 shall include those committed both within and outside the
jurisdiction of the state party.

Article
7

Cooperation
on border controls

1.The states parties, consistent with their respective domestic
legal and administrative regimes, shall promote cooperation and the
exchange of information in order to improve border and customs control
measures to detect and prevent the international movement of
terrorists and trafficking in arms or other materials intended to
support terrorist activities.

2.In this context, they shall promote cooperation and the
exchange of information to improve their controls on the issuance of
travel and identity documents and to prevent their counterfeiting,
forgery, or fraudulent use.

3.Such measures shall be carried out without prejudice to
applicable international commitments in relation to the free movement
of people and the facilitation of commerce.

Article
8

Cooperation
among law enforcement authorities

The
states parties shall work closely with one another, consistent with
their respective domestic legal and administrative systems, to enhance
the effectiveness of law enforcement action to combat the offenses
established in the international instruments listed in Article 2.In this context, they shall establish and enhance, where
necessary, channels of communication between their competent
authorities in order to facilitate the secure and rapid exchange of
information concerning all aspects of the offenses established in the
international instruments listed in Article 2 of this Convention.

Article
9

Mutual
legal assistance

The states parties shall afford one another the greatest
measure of expeditious mutual legal assistance with respect to the
prevention, investigation, and prosecution of the offenses established
in the international instruments listed in Article 2 and proceedings
related thereto, in accordance with applicable international
agreements in force.In
the absence of such agreements, states parties shall afford one
another expeditious assistance in accordance with their domestic law.

Article
10

Transfer
of persons in custody

1.A person who is being detained or is serving a sentence in the
territory of one state party and whose presence in another state party
is requested for purposes of identification, testimony, or otherwise
providing assistance in obtaining evidence for the investigation or
prosecution of offenses established in the international instruments
listed in Article 2 may be transferred if the following conditions are
met:

a.The person freely gives his or her informed consent; and

b.Both states agree, subject to such conditions as those states
may deem appropriate.

2.For the purposes of this article:

a.The state to which the person is transferred shall have the
authority and obligation to keep the person transferred in custody,
unless otherwise requested or authorized by the state from which the
person was transferred.

b.The state to which the person is transferred shall without
delay implement its obligation to return the person to the custody of
the state from which the person was transferred as agreed beforehand,
or as otherwise agreed, by the competent authorities of both states.

c.The state to which the person is transferred shall not require
the state from which the person was transferred to initiate
extradition proceedings for the return of the person.

d.The person transferred shall receive, for time spent in the
custody of the state to which he or she was transferred, credit toward
service of the sentence being served in the state from which he or she
was transferred.

3.Unless the state party from which a person is to be transferred
in accordance with the present article so agrees, that person,
whatever his or her nationality, shall not be prosecuted or detained
or subjected to any other restriction of his or her personal liberty
in the territory of the state to which that person is transferred in
respect of acts or convictions prior to his or her departure from the
territory of the state from which said person was transferred.

Article
11

Inapplicability
of political offense exception

For
the purposes of extradition or mutual legal assistance, none of the
offenses established in the international instruments listed in
Article 2 shall be regarded as a political offense or an offense
connected with a political offense or an offense inspired by political
motives. Accordingly, a request for extradition or mutual legal
assistance may not be refused on the sole ground that it concerns a
political offense or an offense connected with a political offense or
an offense inspired by political motives.

Article
12

Denial
of refugee status

Each state party shall take appropriate measures, consistent
with the relevant provisions of national and international law, for
the purpose of ensuring that refugee status is not granted to any
person in respect of whom there are serious reasons for considering
that he or she has committed an offense established in the
international instruments listed in Article 2 of this Convention.

Article
13

Denial
of asylum

Each state party shall take appropriate measures, consistent
with the relevant provisions of national and international law, for
the purpose of ensuring that asylum is not granted to any person in
respect of whom there are reasonable grounds to believe that he or she
has committed an offense established in the international instruments
listed in Article 2 of this Convention.

Article
14

Nondiscrimination

None of the provisions of this Convention shall be interpreted
as imposing an obligation to provide mutual legal assistance if the
requested state party has substantial grounds for believing that the
request has been made for the purpose of prosecuting or punishing a
person on account of that person’s race, religion, nationality,
ethnic origin, or political opinion, or that compliance with the
request would cause prejudice to that person’s position for any of
these reasons.

Article
15

Human
rights

1.The measures carried out by the states parties under this
Convention shall take place with full respect for the rule of law,
human rights, and fundamental freedoms.

2.Nothing in this Convention shall be interpreted as affecting
other rights and obligations of states and individuals under
international law, in particular the Charter of the United Nations,
the Charter of the Organization of American States, international
humanitarian law, international human rights law, and international
refugee law.

3.Any person who is taken into custody or regarding whom any
other measures are taken or proceedings are carried out pursuant to
this Convention shall be guaranteed fair treatment, including the
enjoyment of all rights and guarantees in conformity with the law of
the state in the territory of which that person is present and
applicable provisions of international law.

Article
16

Training

1.The states parties shall promote technical cooperation and
training programs at the national, bilateral, subregional, and
regional levels and in the framework of the Organization of American
States to strengthen the national institutions responsible for
compliance with the obligations assumed under this Convention.

2.The states parties shall also promote, where appropriate,
technical cooperation and training programs with other regional and
international organizations conducting activities related to the
purposes of this Convention.

Article
17

Cooperation
through the Organization of American States

The
states parties shall encourage the broadest cooperation within the
pertinent organs of the Organization of American States, including the
Inter-American Committee against Terrorism (CICTE), on matters related
to the object and purposes of this Convention.

Article
18

Consultations
among the parties

1.The states parties shall hold periodic meetings of
consultation, as appropriate, with a view to facilitating:

a.The full implementation of this Convention, including the
consideration of issues of interest relating thereto identified by the
states parties; and

b.The exchange of information and experiences on effective means
and methods to prevent, detect, investigate, and punish terrorism.

2.The Secretary General shall convene a meeting of consultation
of the states parties after receiving the 10th instrument of
ratification.Without
prejudice to this, the states parties may hold consultations as they
consider appropriate.

3.The states parties may request the pertinent organs of the
Organization of American States, including CICTE, to facilitate the
consultations referred to in the previous paragraphs and to provide
other forms of assistance with respect to the implementation of this
Convention.

Article
19

Exercise
of jurisdiction

Nothing in this Convention entitles a state party to undertake
in the territory of another state party the exercise of jurisdiction
or performance of functions that are exclusively reserved to the
authorities of that other state party by its domestic law.

Article
20

Depositary

The original instrument of this Convention, the English,
French, Portuguese, and Spanish texts of which are equally authentic,
shall be deposited with the General Secretariat of the Organization of
American States.

Article
21

Signature
and ratification

1.This Convention is open for signature by all member states of
the Organization of American States.

2.This Convention is subject to ratification by the signatory
states in accordance with their respective constitutional procedures.The instruments of ratification shall be deposited with the
General Secretariat of the Organization of American States.

Article
22

Entry
into force

1.This Convention shall enter into force on the 30th day
following the date of deposit of the sixth instrument of ratification
of the Convention with the General Secretariat of the Organization of
American States.

2.For each state ratifying the Convention after deposit of the
sixth instrument of ratification, the Convention shall enter into
force on the 30th day following the deposit by such state of its
instrument of ratification.

Article
23

Denunciation

1.Any state party may denounce this Convention by written
notification to the Secretary General of the Organization of American
States.Denunciation
shall take effect one year following the date on which notification is
received by the Secretary General of the Organization.

2.Such denunciation shall not affect any requests for information
or assistance made during the time the Convention is in force for the
denouncing state.